Jose Mitchell v. R. C. Johnson

O

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JOSE MITCHELL, Case No. 2:20-cv-05358-MWF-KES

Petitioner,

ORDER DISMISSING PETITION

v.

WITHOUT PREJUDICE

R. C. JOHNSON, Warden,

Respondent.

I.

INTRODUCTION

On June 16, 2020, the Court received a petition for writ of habeas corpus by a person in state custody under 28 U.S.C. § 2254 (“Petition” at Dkt. 1) from Jose Mitchell (“Petitioner”). Because Petitioner is currently awaiting resentencing in state trial court, this Court declines to decide the Petition at this time. Accordingly, the Petition is dismissed without prejudice. Petitioner may file a new petition in federal court when the state court proceedings regarding his convictions and sentence have concluded. 27 28 II. PROCEDURAL HISTORY A. Proceedings in State Court The Petition challenges Petitioner’s…